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<br />and No/100 dollars ($500.00) per day as liquidated damages for each and every
<br />calendar day's delay in finishing the work in excess of the number of days
<br />prescribed, and Contractor agrees to pay said liquidated damages as herein
<br />provided, and in case the same are not paid, agrees that City may deduct the
<br />amount thereof from any monies due or that may become due under this
<br />Agreement.
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<br />It is further agreed that in case the work called for under this Agreement is not
<br />completed in all of its parts and requirements within the number of calendar days
<br />specified, City shall have the right to increase the number of calendar days or not,
<br />as may seem best to serve the interest of City; and if it is decided to increase the
<br />said number of calendar days, City shall further have the right to charge to
<br />Contractor, and deduct from the final payment for the work, all or any part, as City
<br />may deem proper, of the actual cost of engineering, inspection, superintendence,
<br />and other overhead expenses of City which are directly chargeable to this
<br />Agreement, except that the cost of final surveys and the preparation of the final
<br />estimate shall not be included in such charges to be paid by Contractor.
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<br />6. Except as otherwise may be provided herein, Contractor hereby expressly
<br />guarantees for one (1) full year from the date of the final completion of the work
<br />under this Agreement and acceptance thereof by City's City Council, to repair or
<br />replace any part of the work performed hereunder which constitutes a defect
<br />resulting from the use of inferior or defective materials, equipment or workmanship.
<br />If, within said period, any repairs or replacements in connection with the work are,
<br />in the opinion of the Manager, Engineering and Construction, rendered necessary
<br />as a result of the use of inferior or defective materials, equipment or workmanship,
<br />Contractor agrees, upon receipt of notice from City, and without expense to City, to
<br />promptly repair or replace such material or workmanship and/or correct any and all
<br />defects therein. If Contractor, after such notice, fails to proceed promptly to comply
<br />with the terms of this guarantee, City may perform the work necessary to effectuate
<br />such correction and recover the cost thereof from Contractor or his sureties.
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<br />Any and all other special guarantees which may be applicable to definite parts of
<br />the work under this Agreement shall be considered as an additional guarantee and
<br />shall not reduce or limit the guarantee as provided by Contractor pursuant to this
<br />paragraph during the first year of the life of such guarantee.
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<br />7. Contractor hereby agrees to indemnify and save harmless City, its Council,
<br />officers, boards, commissions, agents and employees, of and from any and all
<br />claims, suits or actions of every name, kind and description which may be brought
<br />against City, its Council, officers, boards, commissions, agents, or employees by
<br />reason of any injury to or death of any person or damage suffered or sustained by
<br />any person or corporation, caused by, or alleged to have been caused by, any act
<br />or omission to act, negligent or otherwise, of Contractor, its officers, agents or
<br />employees in the performance of any work required of Contractor by this
<br />Agreement.
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